WRIGHT v. STATE (2025)

MEMORANDUM DECISION

[1] Bridgette Wright (“Wright”) appeals, following a bench trial, her conviction for Level 6 felony attempted criminal recklessness. Wright's sole contention on appeal is that attempted criminal recklessness is not a crime, and she asks our Court to vacate this conviction. The State concedes that the conviction should be vacated. We reverse Wright's attempted criminal recklessness conviction and remand with instructions for the trial court to vacate this attempted criminal recklessness conviction.

[2] In July 2023, the State originally charged Wright with thirty-four offenses, which included a charge for Level 6 felony attempted criminal recklessness. In December 2024, the State amended its charging information, reducing the number of charges to twenty-one. In this amended charging information, the State alleged that Wright had “attempt[ed] to commit the crime of [c]riminal [r]ecklessness with a [d]eadly [w]eapon[.]” (App. Vol. 2 at 176). The charging information explicitly listed Wright's intent as recklessly. Following a February 2025 bench trial, the trial court convicted Wright of Level 6 felony attempted criminal recklessness.¹

[3] However, our Court has previously held that the attempt statute does not apply to criminal recklessness. See Wells v. State, 555 N.E.2d 1366, 1370 (Ind. Ct. App. 1990) (the attempt statute is not applicable to crimes requiring recklessly as the prerequisite culpability), reh'g denied. See also Goodwin v. State, 439 N.E.2d 595, 598 (Ind. 1982) (holding that the attempt statute does not apply to criminal recklessness); Humes v. State, 426 N.E.2d 379, 383 (Ind. 1981) (holding that “there can be no crime of ‘attempted recklessness’ ”). Therefore, we reverse Wright's Level 6 felony attempted criminal recklessness conviction and remand to the trial court to vacate that conviction.

[4] Reversed and remanded.

FOOTNOTES

1.   The trial court also found Wright guilty of Level 5 felony stalking, Level 6 felony stalking, Level 5 felony stalking, and Level 6 felony residential entry. Wright does not challenge these convictions on appeal.

Pyle, Judge.

Vaidik, J., and Mathias, J., concur.